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Prosecutor Records Retention Schedule (Draft)

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Prosecutor Records Retention Schedule (Draft) Prosecutor Records Retention Schedule (Draft) This schedule lists records commonly found in the county Prosecutor's office. Local governments may also enact a General Schedule that covers this department. The retention periods specified herein are either required by statute or have been determined by best practice. Permanent records existing solely in electronic format may become inaccessible through media decay and/or hardware/software obsolescence. The Ohio History Connection recommends that digital records with greater than a 10 year retention period also be maintained in either paper or microfilm formats. Records may not be disposed of until all audits are released and audit discrepancies have been settled. Where a lawsuit or agency proceeding is pending, a legal hold on relevant records is required. Records shall be retained until the legal hold has been removed. ELECTRONIC MAIL (e-mail) is a format on which records are sent, received and/or drafted using electronic mailing systems. E-mail is NOT a record series. Instead, each individual e-mail should be evaluated according to its content and retained in accordance with the record series adopted within this schedule that the content most closely fits. Where a lawsuit or agency proceeding is pending, a legal hold on relevant records is required. Records shall be retained until the legal hold has been removed. Record Series Definition Retention Records documenting the annual operating budget of the prosecutor's office for a fiscal year. Retained for use in calculating future budgets and comparing Annual Budgets spending over time. 10 years Records related to bankruptcy cases used in the Bankruptcy Files collection of debts owed to the county. 5 years after case closed Civil Case Files A) Records that document civil litigation filed on 12 years after the final behalf of the Prosecuting Attorney's statutory clients. order of the general May include records used in handling appeals. division B) Real Estate/Zoning Permanent Index to all civil cases filed by the Prosecuting Civil Case Index Attorney. Permanent Document the prosecution of adult felony cases. May Criminal Case Files include records used in handling appeals. Permanent Index to all criminal cases filed by the Prosecuting Criminal Case Index Attorney.DRAFTPermanent 2 years after the child Court intervention on behalf of children under 18 who is the subject of the years of age who suffer abuse, neglect, and/or case obtains the age of DHS/JFS Closed Case Files dependency. majority. 1 Record Series Definition Retention Juvenile Case Files A) Traffic (minor misdemeanor traffic, misdemeanor traffic, all other traffic records) 12 years B) Delinquency/Unruly- an act perpetrated by a child, except a juvenile traffic offender, who violates any law of this state or the United States, or any ordinance of a political subdivision of the state, that would be an offense if committed by an adult. (ORC 2152.02 F) (ORC 2151.022) 12 years C) Delinquency records for cases for which expungement is prohibited including; Aggravated murder Murder Rape Permanent Contains a record of cases filed and prosecuted for Case Files - Juvenile (Adult the county where the party involved has contributed Contributor) to the delinquency of a minor. Permanent Child Support Enforcement Agency (CSEA) Case Files Retain until child support and/or A) Parent vs. Parent arrearage are paid in full Retain until arrearage B) Agency vs. Parent arrears only paid in full Delinquent Tax and Records related to the expenditure and receipt of Assessment Collection Fund money from the Delinquent Tax and Assessment 4 years, provided audit (DTAC) Records Collection (DTAC) Fund. (ORC 149.38) Documents pertaining to a a specific legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the assetDRAFT used as the collateral for the loan. May involve Foreclosure Files tax payment arrearages. 5 years after case closed Fiscal and administrative records of the Furtherance of Justice Fund, which relates to expenses that the prosecuting attorney incurs in the performance of Furtherance of Justice Fund the prosecutor's official duties and in the furtherance 4 years, provided audit (FOJ) Records of justice. (ORC 149.38) Documents produced by the Grand Jury in relation to individual cases deliberated, reports issued regarding mandated tours of public correctional Grand Jury Records institutions and indictments returned. 5 years Legal opinions issued by the prosecuting attorney's Opinions office to statutory clients. Permanent 2 Record Series Definition Retention Documents related to the selection of Petit Jurors for court proceedings in which the county is a party to Petit Jury Records the suit or criminal cases prosecuted for the county. 1 year Cases where files were created but the case was Unprosecuted never prosecuted. 5 years Victims of Crime Act (VOCA) Files related to the advocacy and support of the Victim Files (Misdemeanor) victims of misdemeanor criminal behavior. 1 year Victims of Crime Act (VOCA) Files related to the advocacy and support of the Victim Files (Violent Crimes) victims of violent criminal behavior. Permanent DRAFT 3.
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